This humiliation worse than rape: Victim

“I stand by my statement. I am already traumatised after the brutal assault and rape. Now, insinuations are being made on my character. I never expected this. I have been humiliated enough already, this is not only adding to my pain but hurting my family as well,” the victim told TOI on Friday, as she headed off to Lalbazar for another round of questioning by police.

| TNN | Updated: Feb 18, 2012, 04:23 IST

KOLKATA: "I stand by my statement. I am already traumatised after the brutal assault and rape. Now, insinuations are being made on my character. I never expected this. I have been humiliated enough already, this is not only adding to my pain but hurting my family as well," the victim told TOI on Friday, as she headed off to Lalbazar for another round of questioning by police.

She was reacting to a barrage of comments made by politicians of all hues (mostly belonging to the ruling party) and highly placed government officials (some even in the CM secretariat) casting doubts on her complaint and questioning her character. Chief minister Mamata Banerjee had said on Thursday that the rape complaint was "fabricated" and minister Madan Mitra wondered why "a mother had to go to a nightclub".

The comments have triggered a furore. Legal luminaries, rights activists and the intelligentsia have expressed shock at the choice of words that aren't just unethical but can influence the course of investigation.

"Even a sex-worker has a right to live with dignity. This has been upheld by the Supreme Court. Successive rulings and judgments have always attempted to protect rape victims from character assassination. What we are witnessing now has stooped to a level beyond comprehension. This is how it has been, this is how it remains," said West Bengal Commission for Women chairperson Sunanda Mukherjee.

The anguish in Mukherjee's words is echoed by rights activist Sujato Bhadra. Terming the comments "obnoxious", Bhadra said that they vitiate the atmosphere and make life more difficult for the victim. "Victims undergo mental trauma resulting in disconcerting and contradictory statements. Whether or not she has lodged a wrong complaint is for the police to investigate and the court to judge. Why are people trying to influence the investigation at the onset? This is completely unacceptable in a civil society," he said.

The Criminal Law (Amendment) Bill, 2010, which sought to redefine rape laws, has safeguards for precisely these kind of allegations. It clearly states that even when a victim agrees to consensual sex under the influence of alcohol or drugs it is rape.

Thus when transport minister Madan Mitra made remarks on the victim's estrangement from her husband and frequent visits to night-clubs, he ought to be aware that the amendment to the Evidence Act (Section 146) says even courts will not accept any 'evidence' on moral character or past sexual relationships in rape cases.

Senior lawyer Milon Mukherjee puts this in context: "Whenever anyone lodges a complaint, it is his/her right. Police investigate if it is a cognizable offence. If there is any doubt in the police's mind, they are empowered under Section 41A CrPC to record the statements of the accused without arresting them. It is the court which decides whether, based on the police report, it is fit to stand trial and under which provisions of the law. This is the court's prerogative. Now, it (the car-rape case) is only in the first stage. Why are people in hurry to subvert the process?" he asked.

However, senior advocate Shekhar Basu argued that when a matter is out in the public domain, it is not possible to put a curb on statements. "The matter is under investigation and not sub-judice. The point of conflict is that there are several inconsistencies in the complaint made by the woman that is being construed as withholding of the truth," he said.

Mukherjee does not agree. "For the sake of argument, let us consider that this isn't a rape, but it could be a criminal act, for example molestation or assault. If at all there are questions on character, it should reflect in the trial stage, not earlier. None — not even top constitutional authorities — can subvert the process of law. When successive law commissions and courts are being extremely cautious to protect rape victims, these comments are uncalled for," he added.

Sociologist Prasanta Roy feels this is typical patriarchal response. He feels this could also a strategy. "By publicly humiliating a victim, denigrating and stigmatizing her, they are trying to discourage her from pursuing with her complaint. If she does it, it's less trouble than going the whole hog of investigating and bringing the people responsible to book," he said.

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